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STA
LAWS
OF THE
E OF DELAWARE,
PASSED AT A
" ession of the General Assembly,
COWIENCED AND HELD AT DOVER
ON TUESDAY, JANUARY 4TH, A. D. 1887,
AND IN THE
YEAR. OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND ELEVENTH.
VOLUME XVIII- PART 1.
188.7:
PRINTED AT THE OFFICE OF THE DELAWAREAN,
DOVER, DELAWARE.

STA
LAWS
OF THE
E OF DELAWARE,
PASSED AT A
"ession of the General Assembly,
COWIENCED AND HELD AT DOVER
ON TUESDAY, JANUARY 4TH, A. D. 1887,
AND IN THE
YEAR. OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND ELEVENTH.
VOLUME XVIII-PART 1.
188.7:
PRINTED AT THE OFFICE OF THE DELAWAREAN,
DOVER, DELAWARE.
:
LAWS OF DELAWARE.
CONSTITUTIONAL CONVENTION.
CHAPTER 1.
CALLING OF A CONSTITUTIoNAL CONVENTION.
Constitu-
AN ACT to provide an unexceptionable mode of ascertaining the sense of Mount
the ppeeooppllee upon the question of calling a Constitutional Convention. volition.
HEREAS, The -subje& of a Convention to revise and Prosunblo..
amend the Constitution of this State has been agitated among
the people; and
WTI EREAS, This General Assembly, without expressing
any opinion as to the necessity of a Convention, deems it to
be right and proper to afford an opportunity to the people to
make their sense known by enaccting- such legislation as will
better enable them to declare their will in relation thereto;
therefore,
fie enafied by the .S'enale and House ey- Refiresew la ives
0 f Me .Vale ey. Delaware in General Assembly Ind:
SECTION I . On the first Tuesday in November next, a
special eleelion shall be held for the pm-Dose of ascertaining (4..1 otedion
the sense of the people of this State upon the question of
calling a Convention to change, alter and amend the Consti-tution
of the State. At the said ele6tion the citizens of the
State entitled to vote for Representatives may have written
or printed on their ballots the words " For a Convention," or I: ind of
"Against a Convention." Such ballots may he of any size ballot used_
and form, not exceeding the size now provided by law.
SF.crtox 2. That at said special eleelion to be held as
prescribed in Sec-lion f of this at, the inspectors and judges Inspectors
chosen in the several hundreds throughout the State to holda"d j"dg'
4 LAWS OF DELAWARE.
CONSTITUTIONAL CONVENTION.
the last general eledion, shall hold said special eledion.
Any vacancy in the said offices shall be filled in the same
manner as now prescribed by law.
Pine° mid SECTION 3. Said eledion shall be held at the same places, inalinur a.
bolding the in the same manner and according to the same regulations,
mon. so far as they are applicable to the purpose of this ad, as
are prescribed concerning the general eledion, and all votes
cast shall be tallied, canvassed and certified at the same times,*
in the same manner, at the same places and by the same
persons as is prescribed in the ad entitled, "An Aa regulating
the ;eneral Eledion," and any amendments and supplements
thereto, for certificates of the result of the General Eledion.
The certificates shall contain a specific statement of the
11111111)er of votes cast " For a Convention" and "Against a
Con yen Lion. "
rortiiientes, S )N 4, The certificates of said eledion shall be where re-t
urned . re i to the General Assembly ill the same manner, by
the same persons and in the same way as the certificates of
the eledion of Governor are now returned.
Duty of the S l( )N 5. The General Assembly, to whom the said cer-
General As- tificates have been delivered, shall, on the second Wednesday
after its organization, meet in joint session in the hall of the
Flottse of Representatives and ascertain the result of the vote
cast upon the calling of a Convention; and, if it shall appear
from the certificates so returned as aforesaid, that a Majority
of all the citizens in the State, having * right to vote for
Representatives, have voted for a Convention, such majority
to be ascertained by reference to the highest number of votes
cast in the State at any one of the three general eleelions
next preceding the day of voting for a Convention, except
when tney may be less than the whole number of votes voted
both for and against a Convention, in which case the said
majority to be ascertained by reference to the number of votes
given on the day of A'oting for or against a Convention shall
call a Convention and provide by law for the holding of an
eledion for delegates to said Convention.
Duty of the SECTION 6. It shall_ be the duty of the sheriffs or other
Sheriff mitt fp other 001_ officers to whom the ballot-boxes used at said eleaion are
cert. delivered according to law, to keep the said boxes and the
ballots therein_ contained safely until after the meeting of the
General Assembly next after the said eledion, and to hold
the said boxes with the ballots therein, subjed to the order
of said-General Assembly.
Passed. al Dover, .-1Pril 6, iS,Y7.
"5o enrolled.
LAWS OF DELAWARE. 5
OF PASSING AND PUBLISHING LAWS.
CHAPTER 2.
OF THE PASSING AND PUBLICATION OF LAWS.
AN ACT to Revive and Extend the Time-of Recording Private Act%.
WHEREAS, by Chapter 4 of Se6tion 3 of the Revised
Statutes ofof the State of Delaware it is provided that private
statutes (namely, such as are not of a public nature or
published as such) shall be recorded in the Recorder's office
in one of the counties of this State within twelve months
after their passage orthey will be void; and,
WHEREAS, a number of the private and unpublished as
heretofore passed have been allowed to become void through
ignorance of the aforesaid enaelment, therefore for the
purpose of relieving the parties interested of the embarass-ments
and disappointments arising from such negleCt in the
premises; therefore,
lk it ant-died by the Senate and House of Refiresentatives-o/
the State qf Delaware in General Assembly met (two-thirds
ty' each branch concurring- therein):
SECTION I. That all unpublished nets heretofore passed ',1`01,1311nr,"prg:
which have not by special acts been repealed, and that have ov.1,,ttgfl
become void on account of not being duly recorded in com-pliance
with the provisions aforesaid, be and the same are
hereby severally renewed and re-enaeled and together with
the provisions therein contained are respe6tively declared to
be in full force, and all adIs and transa6tions done and
performed under the provisions of said as respeelively
shall have the same force and cited, and be as valid, to all
intents and purposes as if the said as had been severally
recorded according to law. Proz vied, that this enactment Proviso.
shall not take effe6t in the case of any a6t that has become
void as aforesaid until a certified copy thereof procured of the
Secretary of State shall be duly recorded in the Recorder's
Office of one of the counties of this State; and pre/Vida/ f'urther
/,,r/her, that no such copy of a voided accl shall be received"'
for record after the expiration of one year from the passage of
this ae-t.
SECTION 2. This adt shall be deemed and taken to be a Public net.
public act and be published as such.
Passed at Dover, fiftril 21, 1887.
6 LAWS OF DELAWARE..
TITLE FIRST.
or the Public Revenue_ and the Assessment, Collection
and Appropriation of Taxes.
CHAPTER 3,
OF TUE REVESUF. OFTiff:. STATE.
AN ACT to Provide a mode for the Refunding of a Part of the Public
Debt of this State at a Lower Rate of Interest.
Preamble. WIIER HAS, it is apparent that the revenues of the State_
will be insufficient to provide the means for payment, at -
maturity, of the whole of that part of the public debt of
this State represented by the three hundred bonds, of one
thousand dollars each, designated as Series "13," by the a6t
passed March 16, 188i, under authority of which they were
issued, and
Further WHEREAS, in view of the low rates of interest now preamble- prevailing on the public obligations of States whose public
faith and credit have been maintained inviolate, it is con-sidered
probable that this State may negotiate a loan at the
rate of interest of three per cent= per annum; and it is
therefore deemed judicious to provide a method for refunding
two hundred and fifty (250 of the bonds of said Series " B"
at the rate of three per cent= interest per annum, so that
the necessary authority may exist to effect such refunding in
the event it shall prove practicable to do so; therefore,
fle 11 (waded by the Se,/ale and House ry. Representatives q/
Stale. a/ Pe/aware Gpneral Assembly mei, as Jidloros..
Tropomrr SEcrnix 1. That if any individual, firm, or corporation
luan, shall, on or before the twenty-fifth day of May, A. D. 1887,
signify in writing to the State Treasurer a willingness and
purpose to loan to the State the sum of two hundred and
fifty thousand dollars at a rate of interest of three per
centwm; and shall also accompany such written signification
LAWS OV DELAWARE. 7
OF THE REVENUE, OF THE STATE.
with a certified check for the stun of five thousand dollars
to the order of the State Treasurer as an earnest of the bona ""nintee
fides of such purpose and intention; and shall, also, on the
said twenty-fifth day of May, A, D., 1887, and before the rosment of
hour of three o'clock P. M., on that day deposit with the
said State Treasurer at his office in the town of Dover the iwmhwo ) mode.
further sum of two hundred and forty-five thousand dollars,
either in cash or a check or checks duly certified, the said
stint shall be received and accepted as a loan to the State of
Delaware at the rate of three per centtun per annum; and
such loan shall be secured, principal and interest, by the
bonds of the State, to be prepared, issued and delivered to
the party so loaning the said stun, in the manner and subject
to the condition hereinafter prescribed.
SEcrioN a. Immediately after the whole of said sum oaFTttnon"
two hundred and fifty thousand dollars shall have been
received by the said State Treasurer as provided by the lin'''.
preceding Se6tion, it shall be and is hereby expressly made
his duty forthwith to cause to be prepared two hundred and
fifty bonds of the State of Delaware of the denomination of
one thousand dollars each, with coupons or interest warrants
thereto attached for each half wear's interest thereon. The con mid
said bonds shall be numbered from I to 250 inclusive, ishall t;lifinnirlictor of
be dated the first day of June, A. D. 1887, and shall bear 1),,,lutrf
interest from and after that date at the rate of three per mitenr
centum per annum, payable semi-annually on the first days of'"L
June and December in each and every year while they remain When and
unpaid, at the Philadelphia National Bank, in the city ofg!=e.
Philadelphia, on presentation of the coupon representing such
semi-annual instalment of interest. The principal of the said
bonds shall be payable on the first day of June, A. D. tow, at nedentH
the said Philadelphia National Bank on presentation and stir-render
of the saidbonds, but the same or any part thereof may
be redeemed at the option of the State on any first day of
June or first day of December in or after the year A. D. 197, N,oH,
upon thirty days' notice published in one newspaper in the city or
of Philadelphia and one newspaper in the State of Delaware',",'';;',;.mw
indicating by their numbers the bonds thereby called and
elected to be redeemed. Provided, however, that in every
call or calls so to be made by the said State Treasurer the
bonds lowest in number shall be first called. The said bonds
shall each be signed by the Governor, Secretary of State and 11w nCmL
.d State Treasurer on behalf of the State, and shall have the
Great Seal impressed thereon or affixed thereto. The signa- M* titre of the State Treasurer shall be engraved or printed on on
S LAWS OF DELAWARE..
OF THE REVENUE OF THE sTATE.
each exrpon, and the coupons attached to each bond shall be
consecutively numbered from r to 4o inclusive.
Swrios 3. The said bonds authorized to be issued by
this act, shall be in the following form, to wit:
Form UNITED STATES OF AMER/CA, bond. STATE OF DELAWARE.
No. Loan of 1887.
These presents certify and make known that the State of
De/aware is held and firmly bound unto the bearer in the sum
of one thousand dollars lawful money of the United States of
America, which the said State promises and binds itself to
pay to the bearer at " The Philadelphia National Bank," in
the city of Philadelphia, on the first day of June, A. D. 1907,
with interest at the rate of three per centum per annum,
likewise payable at the said "The Philadelphia National
Bank " on the first days of June and December in each and
every year whilst the said principal sum remains unpaid, on
the presentation of the coupon hereto annexed representing
such semi-annual instalment of interest. Provided, however,
and it is expressly stipulated, that the said State reserves the
right and power at its option to call in, pay and redeem this -
bond on any first day of June or December in or after the
year A. D. 1897, pursuant to the notice in that behalf pre-scribed
by ael of Assembly under authority of which this
bond is issued: And provided further,- that when this bond -
shall be called by the notice aforesaid, interest thereon shall
cease to accrue from and after the first day of June or Decem-ber
(as the case may be) next succeeding the date of such
notice.
Dated at Dover, the first day of June, A. D. 1887.
Witness the Great Seal of the saidState and
the hands of the Governor, Secretary of [GR E AT SEA L. State and State Treasurer, the day and
year aforesaid.
GOZY7710r,
S'ecretary qf State,
, State TM-MUM%
And the coupon shall be in1L ie ffo llowing .f0 r1117 to
No.
" The State of Delaware will pay to bearer at the Philadel-phia
National Bank, in the City of Philadelphia, on the first
day of - A. D. , the sum of fifteen dollars for six
months interest on bond No. , loan of 1887, dated June
1, 1887.
, Slate Treasurer."'
As soon as the said bonds shall have been signed and sealed foIivers or
as by this acct authorized, the State Treasurer shall forthwith theStno.
deliver the same to the party who shall have deposited with Let7euLes'int
hint the said stun of two hundred and fifty thousand dollars, bidder.
taking his receipt therefor, and shall deliver such receipt to
the Secretary of State to be recorded in the official register
and filed in his office. It shall also be the duty of the 'State
Treasurer to provide a record of proper size and proportions, A*,',V
to be retained in his office, so ruled as to afford a separate Treastror.
space for each coupon and a space at the top of each page of
said record for each bond- when paid or redeemed, and each
space at the top of said record shall bear the saute number as
the bond, a record whereof is intended to be therein preserved.
As the said coupons are paid, it shall be the duty of the State convening
Treasurer to mark the same in red ink across the face " paid," "t '"""""'
cut each of them in two lengthwise, and paste the pieces
in the appropriate space for such coupon in the record
aforesaid; and, as the said bonds shall be paid or redeemed;',71,2,?"
the _State Treasurer shall cause the saute to be cancelled by cooeollod.
making lines with red ink through the signatures of the
Governor, Secretary of State and State Treasurer, and also
by writing across the face thereof, in red ink, the following
words: " This bond paid (or redeemed as the case may be)
this clay of A. D. -----, by the payment of the
slim of $1, 000 principal and dollars interest represented
by coupon No. by
Measurer."
And all coupons unmatured and surrendered with each Postirg of
b0:td redeemed shall each likewise be endorsed "Cancelled by
the r:I.demption of bond No. in red ink. When paid or ipnr,"4,"r in
redeemed the said bonds shall be pasted in the appropriate romni.
spaces in the record aforesaid, and all coupons paid or sur-rendered
shall likewise be pasted in their appropriate space in
such record.
SEcTtox 4. In case more than one person, firm, or corpo- In enso or
ration shall signify a willingness and purpose to make the loanlii!),,e,.biitd,.;rd
to the State by this acct invited and authorized, and shall accom- shill bo
pany such signification by a deposit of five thousand dollars,
as provided by Seaion x of this ael, the party whose written
signification and deposit shall be first _delivered after the
passage of this a61 to the State Treasurer, shall have prefer-ence
and priority, and shall, upon making the further deposit
on the twenty-fifth day of May, A. D. 1887, and not otherwise,
be entitled to receive the whole of the bonds authorized by
LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
9
LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
this aft to be issued. But if the party who would otherwise
be entitled to such preference and priority shall fail to make
v».»
tin. or non- the deposit of two hundred and forty-five thousand dollars as
fortelture of required by Seelion r of this a6t, the sum of five thousand
gnroint,, dollars so deposited by him shall be absolutely forfeited to the tollw State for and on account of such default. The State Treasurer
shall, immediately on receiving any written signification of
willingness to make the loan by this a6t invited and author-ized,
accompanied by the deposit of five thousand dollars,
Duty or give to the party so signifying and depositing an acknowledg-
:thite Trea-surer
inent in writing, under his hand as State Treasurer, of the
reeeipt fact of the receipt by him of such signification and deposit 11Puliratiaa. and stating therein, as to the party making the first significa-tion
and deposit, that it is the first received by him, and that
such party will, on making the further deposit of two
hundred and forty-five thousand dollars, be entitled to receive
the whole of the bonds authorized to be issued by this ael.
When such party shall have made the whole deposit of two
hundred and fifty thousand dollars, the State Treasurer shall
rtrhult give such party an acknowledgment therefor in the follow:ng giVo
reeript, form:
Form STATE TREASURER'S OFFICE, STATE OF DELAWARE,
reraiut. DOVER, DEL., May 25, 1887.
, State Treasurer of the State of Delaware,
do hereby certify that I have received on behalf of the said
State from , of , the sum of Two Hundrear ad
Firiv Thousand Dollars, loaned to the said State pursuant to
the provisions of the act of A. D., 1887, and to secure
the said loan the bonds of the said State to the Said amount
to be dated June 1st, 1887, and to bear interest from and
after that date at the rate of three per ceutum per annum, as
provided for by said act will be delivered to the said as
soon as they can be prepared and executed in accordance
with the terms of the said ac-1.
, Vat( Trcasurer,
SEcTuIN 5 That the public faith is he....eby expressly
P"u-I. pledged for the full and complete payment of the loan, prin-cipal
and interest,- by this 'ad invited and authorized, and
the bonds hereby- authorized to be issued to secure the same;
and that the said bond shall be exempt from taxation by this
State for any purpose, and the State Treasurer is hereby
authorized and directed to cause all blanks in the forms of
the Said bonds and coupons hereinbefo7e prescribed to be
_appropriately filled.
LAWS OF DE LA W A R F. I I
OF THE REVENUE OF THE STATE.
SF,Crupx 6. That the said sum of two hundred and fifty
thousand dollars to be received under the provisions of this
acc1 be, and the same is hereby specially pledged and appro-,1,1,,7,
printed to the payment of the like stun of the present bonded"-
debt of this State, evidenced by two hundred and fifty bonds
from numbers i to 250 inclusive of Series " B," issued pur-suant
to the provisions of the act entitled "An ad l to provide
for the refunding of the present bonded debt of this State at a
lower rate of interest, passed at Dover, March 16th,. ISSr,"
and as soon as the said moneys shall be received by the State sonrow
Treasurer he shall forthwith give notice in accordance with
the requirements of Seation 4 of the ael last aforesaid, that:',V=4;t4',"1
the State cleats to redeem two hundred and fifty of the bonds huna,
of said Series " B" from number x to 250 inclusive and that
the same will be redeemed on the first day of July, A. D.
-r887, on presentation at the Philadelpha National Bank in
the city of Philadelphia, and that interest thereon will cease
to accrue after the said first day of July, A. D. 1887.
SEcTiox 7. That all expenses of preparing, issuing and ExPm1,0. tinw paw. delivering the bonds by this at authorized, and of adver-tising
the calls for the redemption of the bonds of Series
"B" authorized to be redeemed, shall be allowed to the
State Treasurer, and paid out of any unappropriated money
in the Treasury, he producing and exhibiting the necessary
vouchers therefor as by law required with reference to other
disbursements of the public fluids; and further that the
Secretary of State and State Treasurer shall respectively (:,.tm,est,m-receive
such compensation for the service to be rendered
and performed by them under this act as shall be allowed by the Pall
Legislative Committee at its session in January 1888, and
said committee is hereby expressly authorized to make such
allowances, and to draw drafts on the Treasurer accordingly.
Passed at Dar,er, /SST.
LAws OF DELAWARE.
OF THE REVENUE OF THE STATE.
CHAPTER 4.
iii: NEVI:NUE ot."1 E s'f Al E.
A Further Additional Snyi0enient to the act entitled "An Act in Relation
to Oysters" South of Miapillion C.:reek.
Pr' c/lere"kell !iv the' Se'nerle and House' ey. ReAreseniellive's II The Shit(' c,/ DciaZ-Cerre I/1 (;(ered Assembly mei, as falows:
rni:m.,11t., SECTION i. That from and after the passage of this ad
it shall be unlawful for any person to lay out or plant oysters
imits-Now-within
the following limits in Delaware_ Bay: Beginning at hie- l, the month of Nlispillion Creek and running in an easterly
course to West Flats, thence south to Cape Henlopen, thence
a westcr:y* to the beach, except zs is hereinafter provided.
nm, fie SE.CTIC)N 2. Any person or persons, who are bona fide
lug),
nniy. 111 citizens of the State of Delaware, may, for the purpose of
lhnits
.1e-hhea,
a). - planting oysters and catching the same by means of dredges,
Prolai, th, tongs Or rakes, appropriate to his or their own use a part of not I "re
than fifty or the bottom of the bay, within the limits defined in Settion
lc,. 'huh of this aet, which shan not exceed in area more than fifty -
1rrvi,..r.ie.ro:,oracres nor less than twenty-five acres, which part shall be
Planting, designated by him or them by stakes to show at least two feet
above high water mark and not be obstrnftion to navigation -
or interfere with the rights of fishermen. It shall be the
possession of the planter or planters and the oysters to be
deposited therein and their increase shall be his Or their
lv private property; but before any person shall avail himself of
this privilege, he shall apply in writing to the Colle61or of
porfit., ap_ the fyster Revenue for a license for that purpose, and shall
ppiltyyit ntginr y.h d is pay to the said Colleclor the sum of fifty cents per acre for each and every acre to be by him or them staked off for the
,wre h,r purpose aforesaid, and also the sum of one dollar per ton
'thk,e'1"11. (Custom House measurement).- for the vessel employed in 41111, one the business of dredging or planting, and shall also pay to the t"ii tor tly said Colleaor, as the fee or price therefor for the privilege of
;grid rliemul
th.,, dredgri,...,(Y. or tonging said oysters, the sum of five dollars for
larm Ow the each and parjr...0 11 every boat and pair of tongs used in said boat, and
mow. the said tongs shall have painted on them a number comes-
T-DP Amp poncling with said boat's number, and no more shall be
Vm1111i41
in nhipber demanded for the use of said tongs by whomsoever used.
Tiie said license shall last only one year and must be renewed
by the first day of April of each year and the like sum be
paid at the time of each renewal.
.So enrolled.
.t
(1,
)f
5,
Of
LAWS OF DELAWARE.
Or THE REVENUE OF THE STATE.
SticrioN 3. That if any person or persons shall take and
carry away from the area or plantation of another, so as himeny.
aforesaid appropriated to his use, any oysters being within
the limits thereof, without the consent of the owners thereof,
he shall be deemed guilty of larceny and upon convidfon
thereof be punished accordingly, and it shall be no objedion
to a prosecution for larceny in such a case that the ad was
done openly. In addition to the said punishment there shall
be imposed a site of one hundred dollars, one-half to be given
to the informer and the other half to the owner or ownen-;
aforesaid.
St,:cryix Any person violating the provision!: of See-lion
one of this ad shall lie deemed guilty of a inisdemeanory:.;,,,.,ii-and
on convidion thereof, before justice of the peaCC of 1"1.
Sussex CM1111.1', shall be fined for each offense the stint of one
hundred dollars and shall forfeit all oysters planted by him or
them, the vessel used by him or them in the planting of said
oysters. and and everything in and belonging to her; the
one-half of said fine shall be paid to the informer and the
other half to the Colledor of Oyster Revenue.
Siicr ix 5. That \Olen all affidavit is filed before said
ty justice charring- that a violation of this stzttute has been twinnii,
C0111111itted 1s)v any one and setting forth a description of the11,7iiilli,.,1
'et boat or vessel' used by him or theth so charged, the said justice "`
)1.1 shall issue a warrant, directed to any constable of said county,
he authorizing him to arrest the person or persons therein
be charged and also to seize and hold said boat or vessel and all
ir and everything in and belonging to her until the final order
of of the justice of the peace in the premises.
of
all
for
the
ill
the
of
for
res-be
;ed.
wed
. be
SECTION 6. That upon such convielion, the said justice Nwcr,
of the peace shall have the power and auth
j
ority to commit thc
any one so offending to the ail of Sussex county until said
line and costs are paid, and also to issue an order to any
constable of said county, empowering and diredinp- him to
seize and sell said boat or vessel used by such offender in the
planting of oysters in the waters aforesaid, or catching or
carrying away the same without the consent of the owner
thereof, and all and everything in and belonging to her, on
ten days notice, posted in two of the most public places in Noti,t,..I
each of the hundreds of Cedar Creek, 13roadkiln, Lewes and A..,1,17
Rehoboth, and that such sale shall convey to the purchaser
or purchasers of said boat or vessel and all and everything
belonging to her, a good and valid title thereto.
SECTION 7. That the proceeds of said sale so as aforesaid
LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
made by the constable, after dedualing the costs, which shall
the be retained by said officer and paid to the parties entitled,
shall be paid over to the County Treasurer of Sussex county.
"r sit'ex Prtiz.itird, that the parties defendant may appeal to the Court
, of General Sessions of the Peace and Jail Delivery within ten A rVen,
1days from the time when judgment was rendered, upon giving
bond to the State with security to be approved by the justice
Of the peace, in a sum double the amount of the fine imposed
and the value of the property seized by the constable, condi-tioned
that if the said appeal shall be prosecuted with effed
then the same shall be void, otherwise to be in full _rorce and
effeel. The proceedings shall be in the name of the State of
Delaware, and upon the docketing of the appeal in the Court
.1to i,ney. of General Sessions of the Peace and Jail Delivery the Attorney General shall answer to the appeal and condud the
"wth. case for the State.
lwlierS and SECTION 8. That the owner or owners of the plantation ttgetus mt.
t,j prescribed and authorized within the limits set forth in Sedion
Millie lir- one of this ad and all persons deputized by him or them as
his or their agents shall have the right and are hereby clothed
with full power and authority to make arrests for any violation
of the provisions of this ad, as duly constituted officers of
the Laws of Delaware, and their a'5.t4 and dolngs as such shall
be respeded as legal and valid.
17.vscd al Bovcr, Harch 7, /87,
C I 'T E 5.
)1 1111. lil.V1 t )1. I !II -I VI I .
AN ACT in notation to Oysters.
Ilae7t if hi, /// .S.ewa am/ / loll Se e'Y Retrrsclattlizrs
all .)./111,' nelaTt'al-C ii ( i'elitT(1/ ISStW115/V 11/17`, a'S jiilio;cS:
ij;:alh SECT I( /X I. All oyster plantations not exceeding fifty
t:he acres occupied and used by boats or vessels of over nine
iIIhiiIi toils (Custom House measurement) and all plantations not
ri",ided
tiwv pay exceeding thirty acres occupied and used by boats of the
f'";Prr-11 %." nwitre of !line tolls (Custom House measurement) and 1,1
LAWS OF DELAWARE. 15
OF THE REVENUE OF THE STATE.
under, heretofore made in the Delaware Bay, shall be deemed itivenrinetteon-and
taken to be the possession of the respeCtive planters and
tl:c oysters deposited or to be deposited in such plantations
and their increase shall be the private property of the said
planters. Provided, and upon the condition that the said
planters shall pay annually by the first day of April, the first
payment to be made the first day of April, A. D. 1887, to the
Colleaor of the oyster revenue, to be appointed as hereinafter
provided, the sum of twenty-five dollars as rent for the ground
so held by him or them and used by boats or vessels over
nine tons (Custom House measurement) and the stun of fifteen
dollars as rent for the ground so held by him or them and
used by boats or vessels of nine tons and under (Custom
FIonse measurement), and the further sum of three dollars
per ton (Custom House measurement) for the boat or vessel
to be used in the business of working the said plantations.
Failure to pay such rent and license fee by the time above
mentioned shall be a forfeiture of all the rights hereby
secured. The said plantations shall be designated by stakes 1i,,,i1_
as provided in the next seftion for new plantations, and the;Ii:.),Ltalim
oysters within them shall be proteaed as hereinafter provided. bY A11-1(0.
This privilege shall end with the year expiring the last day
of March, A. D. 1888, unless renewed as in the case of a
new plantation; and, as a condition of its enjoyment, the
parties interested must, before the first day of April, A. D.
1887, take out a license as hereinafter provided. The different !I,. tho
i titons plantations shall be treated as numbered in the order which (
! !
license to plant are issued under this aca, and the boat ornro ( lc
vessel used in the business of planting shall wear that numbert.NI:I to be painted in black at least eighteen inches long in the middle nuffilwrol.
of her mainsail one-third of the distance below the head
thereof. R-orided, however, that where more parts than one
(bat not exceeding in the whole fifty acres or thirty acres as
the ctse may be) are appropriated by one person they shall
hear the same number; and that number only shall be
tiec.ssary for designation of the boat or ves;c1; and every Planiati.m
plaatation shall b designated :ts soon as appropriated by tbe
:lumber of the license under which it is occupied, attached in
same proper form to each cattier of the plantations, the
figure.; to be not it:s than ten incites in length, the expenses
(t1 which 'And] be born by the planters; and the boat or vessel aoitt
ii ;d in the business of dredging for oysters only on ther-,;1,r,"d',11:;',!
tatural beds of this State under the licenses authorized by :TstrUils
this ae-t, shall \'ear, in the middle of her mainsail, one-third I '°
if the way front the head thereof, a Roman letter painted in
fluted.
LAWS OF DELAWARE.
OF THE REVENVE OF 'rim STATE.
black, eighteen inches long, to be designated in the license,
and to be in orderly succession from the beginning of the
alphabet
SECTION 2. Any person or persons may appropriate to
his or their own use a part not exceeding fifty acres for boats
or vessels to be used by him or them of a larger tonnage
than nine tons (Custom House measurement), and a part not prkt re that
Imily,f00.;.execeding thirty acres for boats or vessels to be used by him
or them of. nine tons and under (Custom House measurement),
1

STA
LAWS
OF THE
E OF DELAWARE,
PASSED AT A
" ession of the General Assembly,
COWIENCED AND HELD AT DOVER
ON TUESDAY, JANUARY 4TH, A. D. 1887,
AND IN THE
YEAR. OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND ELEVENTH.
VOLUME XVIII- PART 1.
188.7:
PRINTED AT THE OFFICE OF THE DELAWAREAN,
DOVER, DELAWARE.